the Patna High Court granted regular bail to the petitioner in a case under the Arms Act, noting that similarly situated co-accused had already been enlarged on bail by coordinate benches.
The petitioner was released on regular bail upon furnishing a bond of Rs. 20,000 with two sureties of the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.35424 of 2021
Arising Out of PS. Case No.-915 Year-2020 Thana- MADHEPURA District- Madhepura
======================================================
MD AOSIM @ AOSIM SON OF MD. NIYAJUL R/O VILLAGEMIRJAPUR BARDAH, P.S.- MUFFASIL, DISTRICT- MUNGER.
... ... Petitioner/s
Versus
The State of Bihar BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Kamal Kishore Jha For the Opposite Party/s : Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
3 21-03-2022 Heard learned counsel for the parties.
Petitioner seeks regular bail in connection with Madhepura P.S. Case No. 915 of 2020 registered for the offence under Sections 25 (1-b)a , 26 , 35 of the Arms Act.
Prosecution case in brief is that Police after receiving information that one Shyam Kumar Paswan along with other accused persons are engaged in manufacturing of illegal arms, proceeded towards the place of occurrence and recovered several equipments and semi manufactured part of fire arms from the hut of co-accused Shyam Kumar Paswan and also arrested three accused persons including the petitioner.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and he has not committed any offence in the manner alleged. Learned counsel
Patna High Court CR. MISC. No.35424 of 2021(3) dt.21-03-2022 2/3
next submits that from the seizure list it would be evident that the equipment meant for manufacturing of illegal arms has been recovered from the hut of co-accused / Shyam Kumar Paswan and one mobile of Samsung make has been recovered from the possession of the petitioner. He next submits that three persons were arrested from the spot out of whom Shyam Kumar Paswan and Md. Munna have been granted bail by different Co-ordinate Benches of this Court vide Cr. Misc. No. 27742 of 2021 and Cr. Misc. No. 31614 of 2021 respectively. He next submits that another co-accused / Kundan Paswan @ Kundan Kumar Paswan has also been enlarged on bail vide Cr. Misc. No. 36649 of 2021 by this court. Learned counsel next submits that petitioner is in custody since 6-12-2020.
Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that similarly situated co-accused persons have been granted bail by different Co-ordinate Benches of this Court and petitioner is in custody since 6-12-2020, as such, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20000/(twenty thousand) with two sureties of the like amount each to
Patna High Court CR. MISC. No.35424 of 2021(3) dt.21-03-2022 3/3
the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Madhepura P.S. Case No. 915 of 2020 on
the following condition:-
(a) that both the bailors shall be resident of the
territorial jurisdiction of the learned court below.
(b) that the petitioner shall fully co-operate with the trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner.
(c) that the petitioner shall not leave the country without permission of the learned court below.
(Anil Kumar Sinha, J)
praful/-
U T
Md AOSIM
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
